SAHRC probes Gqeberha shop over 'LGBTQ not welcome' sign

The SA Human Rights Commission has confirmed it is investigating a complaint against a Gqeberha shop over the display of a sign barring LGBTQ+ people.

Earlier this week, images appeared on social media showing a sign outside spices and dairy shop La Gardi that reads: “LGBTQ not welcome at La Gardi. Save our children!” and citing the right of admission reserved policy.

The OUT LGBT organisation has expressed concern over the sign. 

“Refusing to serve or provide services based on sexual orientation or gender is not only unconstitutional, violating the dignity of LGBTQ+ people, but is also illegal under the Promotion of Equality and Prevention of Unfair Discrimination Act,” it said in a statement. “So-called 'right of admission' policies that are based on race, gender, sexual orientation and other protected characteristics are invalid,” it said.

OUT’s human rights co-ordinator in Gqeberha, Sibonelo Ncanana, said: “This attempt to impose a form of 'apartheid' on LGBTQ+ people is outrageous and must be immediately addressed. It goes beyond freedom of expression and constitutes outright discrimination.

“It seems that some in our country have not learnt from the lessons of our past when people were segregated and denied services based on who they are,” he said.

OUT said: “As South Africans, we cannot afford to be complacent when it comes to safeguarding our own liberties and rights. It is crucial that we, and our government, stand united against all forms of prejudice and discrimination, here and on the rest of the continent.

“OUT has lodged a complaint with the SAHRC regarding the La Gardi policy and sign and calls for swift measures to be taken against the owner.”

SAHRC Eastern Cape manager Dr Eileen Carter confirmed the chapter nine institution had received complaints from citizens and had launched an investigation.

Carter declined to give the commission's reaction, saying: “At this stage, I would not want to venture into that. I'm requesting that we be given an opportunity to do our ground work and then we will be able to advise on a way forward.

“We've got the complaint, we are investigating and we are concerned about the prima facie violation that we've noted. But now it is up to us to confirm these allegations and confirm that this is in fact the position and is in fact the photo and then we will be able to advise on a way forward,” she said.

The shop owner could not be reached for comment on Thursday morning.

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